Tex. Civil Practice and Remedies Code § 13.001
DISMISSAL OF ACTION
Texas · Texas Civil Practice and Remedies Code · Status: effective
Cite this
- Citation
- Tex. Civil Practice and Remedies Code § 13.001, DISMISSAL OF ACTION, Texas, version 1 as recorded 2026-07-09, yourstate.us, https://yourstate.us/provision/632018
- Permanent ID
ys:prov:632018@1- SHA-256
138402a54776c545f85f45c5c48b3c4f3f5f07027993e645f7e00af641b08dee
The hash is SHA-256 of this version's text, with every run of whitespace collapsed to a single space and the ends trimmed. The ID always leads back here, and checking it says whether the text you cited is still the current version.
Full text
(a) A court in which an affidavit of inability to pay under Rule 145, Texas Rules of Civil Procedure, has been filed may dismiss the action on a finding that:
(1) the allegation of poverty in the affidavit is false; or
(2) the action is frivolous or malicious.
(b) In determining whether an action is frivolous or malicious, the court may consider whether:
(1) the action's realistic chance of ultimate success is slight;
(2) the claim has no arguable basis in law or in fact; or
(3) it is clear that the party cannot prove a set of facts in support of the claim.
(c) An action may be dismissed under Subsection (a) as frivolous or malicious either before or after service of process.